Category: URCP035

Rules of Civil Procedure – Effective May 1, 2017

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. Amend. Returns pre-2015 paragraph (b)(2) language addressing limits on orders to show cause to new paragraph (q).
 
URCP035. Physical and mental examination of persons. Amend. The 2017 amendments to Rule 35 clarify when there is overlap between a Rule 26(a)(4) expert report and when there is not. They also provide the shorter of a 60-day time frame or 7 days prior to the close of fact discovery in which the party requesting the Rule 35 examination must disclose the report to the person being examined.
 
URCP045. Subpoena. Amend. In conformity with Rule 84’s repeal, makes a technical amendment to paragraph (a)(1)(E). Also makes a technical amendment to paragraph (i) in anticipation of the prisoner mailbox rule’s adoption.
 
URCP065C. Post-conviction relief. Amend. Expressly makes all records in the criminal case under review, including the records in an appeal of that conviction, part of the trial court record in the petition for post-conviction relief.
URCP084. Forms. Repeal. Since the task of creating and updating court forms resides with the newly formed Judicial Council Standing Committee on Forms under UCJA Rules 1-205 and 3-117, the Supreme Court’s Advisory Committee on the Rules of Civil Procedure will no longer create forms.
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Rules of Civil Procedure

The Supreme Court has approved these extensive changes to the civil disclosure and discovery rules. Because several of the rules are difficult to read with traditional redline interlineation, the rules are also shown here as amended. The amendments are effective for all cases filed on or after November 1, 2011.
Supreme Court Order.

Redline As Amended
URCP 001. General provisions. URCP 001. General provisions.
URCP 008. General rules of pleadings. URCP 008. General rules of pleadings.
URCP 009. Pleading special matters. URCP 009. Pleading special matters.
URCP 016. Pretrial conferences. URCP 016. Pretrial conferences.
URCP 026. General provisions governing disclosure and discovery. URCP 026. General provisions governing disclosure and discovery.
URCP 026.01. Disclosure in domestic relations actions. URCP 026.01. Disclosure in domestic relations actions.
URCP 029. Stipulations regarding disclosure and discovery procedure. URCP 029. Stipulations regarding disclosure and discovery procedure.
URCP 030. Depositions upon oral questions. URCP 030. Depositions upon oral questions.
URCP 031. Depositions upon written questions. URCP 031. Depositions upon written questions.
URCP 033. Interrogatories to parties. URCP 033. Interrogatories to parties.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. URCP 034. Production of documents and things and entry upon land for inspection and other purposes.
URCP 035. Physical and mental examination of persons. URCP 035. Physical and mental examination of persons.
URCP 036. Request for admission. URCP 036. Request for admission.
URCP 037. Discovery and disclosure motions; Sanctions. URCP 037. Discovery and disclosure motions; Sanctions.
URCP 054. Judgments; costs. URCP 054. Judgments; costs.
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Rules of Civil Procedure

URCP 016. Pretrial conferences, scheduling, and management conferences. Amend. Coordinates sanction provisions with those in Rule 35 and Rule 37. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 023A. Derivative actions by shareholders. Renumber and amend. Renumbers the rule to conform to Supreme Court protocol. Amends the rule to more clearly delineate the content of the petition. Effective Date: November 1, 2007.
URCP 026. General provisions governing discovery. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 033. Interrogatories to parties. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 034. Production of documents and things and entry upon land for inspection and other purposes. Amend. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 035. Physical and mental examination of persons. Amend. Coordinates sanction provisions with those in Rule 16 and Rule 37. Effective Date: November 1, 2007.
URCP 037. Failure to make or cooperate in discovery; sanctions. Amend. Creates sanctions for spoliation of evidence. Coordinates sanction provisions with those in Rule 16 and Rule 35. Adopt the federal provisions governing discovery of electronically stored information. Effective Date: November 1, 2007.
URCP 045. Subpoena. Amend. Require person scheduling deposition to give advance notice before serving subpoena. Permit person serving subpoena rather than recipient to decide whether records should be copied and delivered or delivered for inspection and copying. Requires advance pa Effective Date: November 1, 2007.
URCP 101. Motion practice before court commissioners. Amend. Permit motion for default judgment to be heard by the court commissioner. Technical amendments. Effective Date: November 1, 2007.
URCP 106. Modification of divorce decrees. Amend. Expand to include modification of any final domestic relations order. Effective Date: November 1, 2007.
URCP Form40. Subpoena. Repeal & Reenact. Subpoena, Notice of Rights, Objection. Effective Date: November 1, 2007.

Supreme Court Order.

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